United States v. Wettstain

OPINION

GRIFFIN, Circuit Judge.

Defendants Robert Wettstain and John Edward Stewart appeal their convictions and sentences following a three-day jury trial. For the reasons explained below, we affirm Stewart’s and Wettstain’s convictions and their mandatory minimum life sentences imposed on Count I. We reverse and remand for resentencing Wettstain’s life sentences on Counts III and IV and Stewart’s life sentences on Counts II and IV.

I

On May 8, 2007, a federal grand jury returned a five-count indictment against John Edward Stewart, Robert Wettstain, Jerry Richardson, and Wesley Higdon for their…